PhyloPythiaS End-User License Agreement --------------------------------------------------- This is a legal agreement ("Agreement") between you ("Licensee", either an individual or a single entity) and Max Planck Institute for Informatics Campus E1.4 66123 Saarbruecken Germany, ("MPII" for short) about using the PhyloPythiaS software ("Software") that provides tools for DNA sequence classification. Please read the following Agreement carefully. PhyloPythiaS is not open source and the program remains property of the MPII. The software must not be further distributed without prior permission of the MPII. If you use the Software in your scientific work, please cite as [reference]. We would also appreciate it if you send (a link to) your papers, so that we can learn about your research. By clicking on "I accept the License Agreement" or by downloading or installing the software you indicate that you have read and accepted the provisions of the Agreement and that you agree to be bound by all terms and conditions set forth herein. If you do not agree to any of the terms of this Agreement, do not submit a request for the Software and destroy any copies of the Software in your possession immediately. 1. Copyright PhyloPythiaS, including but not limited to the program code, sample programs, any associated files and documentations (the "Software"), is owned by MPII and is protected by copyright laws. The copyright does not apply to the binary files (in the bin directory) and the Ruby libraries (in the lib/rubygems directory). The copyright for these files are owned by the corresponding authors. 2. License The Software is licensed free of charge to non-profit organizations for use in non-profit projects. Any commercial use of the software, including modified versions not developed in collaboration with MPII, is strictly forbidden (please contact MPII for a commercial license). Any copies of the Software should be complete copies including any copyright notices. The Licensee is granted a single, non-transferable license. 3. Limited Warranty and Liability The Software is licensed to the Licensee on an "AS IS" basis without warranty of any kind. MPII is not liable to the damage caused by modified versions. The Licensee acknowledges that Software furnished hereunder is under test and may be defective. The Licensee is solely responsible for determining the suitability of the Software and accepts full responsibility and risks associated with the use of the Software. In no event will MPII be liable for any damages, including but not limited to any loss of revenue, profit, or data, however caused, directly or indirectly, by the Software or by this Agreement. 4. Maintenance and Support MPII is not obliged to provide maintenance or support to you. 5. Distribution No distribution is to be made of the Software, or of modified versions of the Software, by you. 6. Delivery The Software is obtained via Internet and/or E-Mail. 7. Privacy MPII is committed to respecting the privacy and data security of the users of the software. In general, any uploaded data or conducted analyses are exclusively available under the same account data from where they were generated. MPI staff will access and / or view your data only when this is necessary for debugging purposes. However, due to the software being in test state it may happen that private data becomes erroneously accessible to third persons. MPII cannot take responsibility for any damages caused by such an event. 8. Termination If the Licensee fails to comply with any term of this Agreement, this Agreement is terminated and the Licensee has no further right to use the Software. On termination, the Licensee shall have no claim on or arising from the Software. The Software and any copies shall be destroyed. 9. Applicable Law and Court of Jurisdiction This Agreement is made and shall be construed in accordance with the laws of Germany. Court of Jurisdiction is Saarbruecken, Germany. 10. Construction Clause If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. 11. Citations If you publish results obtained using the software, then we require that you cite the software as follows (references). 12. Entire Agreement This Agreement constitutes the entire agreement between the Licensee and MPII. It replaces all other representations. All modifications or extensions of this Agreement need to be put down in writing.